Getting started on an east Texas car accident case as soon as possible is very important. When a would-be litigant sits on his or her rights, he or she risks possible dismissal of what might otherwise be a valid and potentially valuable claim, if certain procedural hurdles are not met. While there are a few instances in which a lack of timeliness may be excused, these are few and far between, and the burden of proving that the delay was excusable falls on the plaintiff.
Facts of the Case
In a recent case (Tran v. Trejos, Fourteenth Court of Appeals of Texas, No. 14-17-00998-CV), the plaintiff was a man who sought monetary compensation for injuries he suffered in an automobile accident which he alleged was caused by the defendant driver’s negligence. The accident happened on August 27, 2015, and the plaintiff’s lawsuit was filed on January 31, 2017 – well within the two year statute of limitations for personal injury actions set forth in Texas Civil Practice and Remedies Code § 16.003. However, service of process was not perfected on the defendant until October 9, 2017, which was several weeks past the two-year limitations period.
The defendant filed a motion for summary judgment, seeking dismissal of the plaintiff’s complaint on the grounds that it was barred by the statute of limitations. The District Court of Harris County agreed and entered summary judgment for the defendant. The plaintiff appealed.